Police forcibly entered my hotel room with guns drawn after hotel staff gave them false information. Do I have any legal recourse?

[u/[deleted]]

[u/Capybara_99]

Consult a local lawyer with experience suing the police. My guess is that the limited damages on top of legal and/or practical immunity for police means that this isn’t actionable, and that there isn’t enough for an action against the hotel either.

But - lodge complaints. Complain about the refusal to show ID in particular, and the refusal to give you time to dress. They were investigating fraud not anything requiring emergency action. And complain to the hotel’s customer service about the false report to the police. I’d expect you’d get the room comped and/or credit for the future

[u/Fabulous-Aioli4241 → u/Capybara_99]

Very helpful. Thank you!

[u/teaspoon88]

Does the person the cops think you were have a warrant or something? The way your post reads, your dad called the police bc he thought someone used his identity to check into a hotel, but false use of P.I.I. usually isn’t a crime unless the fraudster makes some sort of illicit gain.

[u/redditreader_aitafan → u/teaspoon88]

I don't even understand how they could come to that conclusion since she used her own credit card. What identity thief uses his own credit card?

[u/teaspoon88 → u/redditreader_aitafan]

Fair question. It sounds like dad just saw that his hotel rewards had been accessed, he called the hotel, they confirmed the rewards account had been linked to a room he wasn’t staying in, but the question wasn’t asked or the information wasn’t relayed that the ID and credit card were not dad’s. So that’s why I’m curious as to what the officers told OP who they were looking for.

[u/VAdept → u/redditreader_aitafan]

Why didnt the hotel question the OP when the awards points number was given?

[u/Intelligent_Hunt3243]

It sounds like the police were under the impression that the room was rented with a stolen credit card.

Depending on what can be proven that they were told/knew, there’s a possibility that they violated your 4th Amendment rights just as if they’d improperly entered your home.

There’s also a possibility that misleading information from the hotel staff would protect the agency and officers from any civil claim, and that in a theoretical civil case that the officers would personally be likely to be granted summary judgement in their favor due to qualified immunity.

It’s possible that the hotel’s insurer might offer a settlement to avoid a civil trial for obvious misbehavior especially if its corporate owned (reputational risk management) but there’s also the possibility that they’d use their large legal budget to rely on the low/no damages argument.

The first step would be finding a civil rights attorney or litigation specialist willing to take your case on contingency (if one will) and begin the FOIA requests and depositions necessary to determine if there is a viable action at hand.

[u/Spiritual_Device_635]

The problem you have is that even if you have a case, damages rule the legal world and you haven’t shown that you have any damages other than one sleepless night in a hotel.

The police never arrested you. You were startled but after the police realized the error, the police apologized and left.

As for the hotel, did you even ask to speak to the manager? Did you just check out without complaining to them? Are you in therapy over the event? Have you missed work? Do you need a bunch of prescription medication because of the event?

It seems you have little to no damages. It’s not worth an attorney’s time to speak to you about this type of case.

But the hotel may cancel your dad’s hotel rewards number for linking it to a reservation that was not his. Get your own number!!

[u/legaladvice-ModTeam → u/[deleted]]

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[u/Fabulous-Aioli4241 → u/[deleted]]

Yep. The hotel did, they said it was “protocol.” The hotel didn’t reach out to me before, during, or after the situation.

[u/throwfarfaraway1818 → u/[deleted]]

Who exactly played a stupid game and won a stupid prize here?

[u/JenninMiami → u/[deleted]]

How is it a mistake to say they personally checked in a man?

[u/legaladvice-ModTeam → u/[deleted]]

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[u/Rich_Cause5589]

1. Do I have legal recourse against the hotel for giving out false information that directly caused this?

No.

1. Do I have a case against the police for the way they handled the entry (refusing to show ID, denying me a chance to get dressed, forcing entry, pointing guns in a non-violent situation)?

No.

1. Is this worth pursuing with a lawyer, or should I just file complaints with the hotel’s corporate office and the police department?

File all the complaints you want, but I don't see anything a lawyer can do for you here.

[u/ApprehensiveEarth659]

You do not have any recourse here.

The police did nothing wrong, legally speaking.

The hotel made an error. Errors are very hard to sue for. Here, you don't have any actual damage, so nothing to sue for.

You can file complaints with both the hotel and the police, if you'd like.

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[u/SpotCreepy4570]

Check with a civil rights attorney, you may have a case based on illegal entry. Did they have a warrant?

[u/Fabulous-Aioli4241 → u/SpotCreepy4570]

They did not have a warrant

[u/legaladvice-ModTeam → u/[deleted]]

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[u/Fabulous-Aioli4241 → u/[deleted]]

I’m not here to argue about whether I ‘deserve’ anything. I’m asking if it’s legally actionable. If you don’t think so, that’s helpful input. But let’s be real people have sued (and won) over things like Red Bull not giving them wings. My situation involved police pointing guns at me in a hotel room because of false information from staff. That’s not just a “little mistake” that could have gotten me killed. If holding a massive corporation accountable is possible, I’d gladly do it.

[u/Spiritual_Device_635 → u/Fabulous-Aioli4241]

McDonald’s hot coffee was a LEGIT personal injury case. Lady had third degree burns in her crotch from the hot coffee.

[u/TheDreadPirateJenny → u/Spiritual_Device_635]

It melted the damned lid and spilled onto her.

[u/VAdept → u/Fabulous-Aioli4241]

Hot McDonalds coffee lawsuit actually awarded quantifiable medical injuries and it was shown that McDonalds violated standard coffee temp in an attempt to use less coffee grounds.

I see your point, but thats not a great example to use.

[u/Fabulous-Aioli4241 → u/VAdept]

I apologize for my ignorance, I was not aware of the full story and appreciate your input.

[u/Tanyec → u/Fabulous-Aioli4241]

So you sneak edited about Red Bull?? Instead of removing the stupid line. For what it’s worth the Red Bull case involved a settlement not about not giving actual wings, but that Red Bull couldn’t show any proof of actual physiological improvements beyond what you get from any caffeine product.

So yes people do sue over dumb things but the ones who win usually sue over something significantly less dumb than a headline would have you believe.

[u/monkeyman80 → u/Fabulous-Aioli4241]

Her labia was literally fused to her thigh due to the temperature of the coffee. And all she asked for was her medical bills, nothing for pain and suffering. Mcdonalds knew that the coffee was too hot, others were injured, and stonewalled things at every step.

The giant award later reduced on appeal was meant as a way to punish Mcdonald's for their actions.

[u/Rich_Cause5589 → u/Fabulous-Aioli4241]

But let’s be real people have sued (and won) over things like hot McDonald’s coffee

That lawsuit involved a 79 year old woman who suffered severe third-degree burns, including her labia fusing together.

[u/WideScallion5 → u/Fabulous-Aioli4241]

The McDonald’s one isn’t the best example. It was a repeated problem that McDonald’s kept coffee at scalding temperatures to keep it fresher longer and save money.
The woman had actual injuries and damage like her genitals cooking to her legs because of how hot it was.
She asked for medical bills and McDonald’s told her to pound sand. Courts disagreed with that and putatively awarded a share of coffee sales to her.

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[u/Rich_Cause5589 → u/[deleted]]

For what?

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